Terms of Service
DigiOptions GmbH ("DigiOptions") provides the DigiOptions.com website to you subject to the following terms ("Terms") of service conditioned on your acceptance without modification of the Terms. Your use of the website constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS DIGIOPTIONS SITE OR THE SERVICES.
Electronic Communications. Visiting the DigiOptions Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via the DigiOptions Site, satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights. DigiOptions does not knowingly collect, either online or offline, personal information from any persons, including those under the age of eighteen. If you are under 18, you may not use the DigiOptions Site.
Updates. You understand that the DigiOptions Site and the related Services are evolving. As a result, DigiOptions may require you to accept updates to the DigiOptions Site and the related Services. You acknowledge and agree that DigiOptions may update the DigiOptions Site with or without notifying you. You may need to update third-party software from time to time in order to use the DigiOptions Site.
Third Party Services. The DigiOptions Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DigiOptions and DigiOptions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. When you click on a link to a Linked Site, we may not warn you that you have left the DigiOptions Site and are subject to the terms and conditions (including privacy policies) of another website or destination. DigiOptions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DigiOptions of the site or any association with its operators. You use the Linked Sites at your own risk. When you leave the DigiOptions Site, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of the Linked Sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Certain services made available via the DigiOptions Site are delivered by third party sites and organizations.
Prohibited Uses and Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use DigiOptions Site strictly in accordance with these Terms. As a condition of your use of the DigiOptions Site, you warrant to DigiOptions that you will not use the DigiOptions Site for any purpose that is unlawful or prohibited by these Terms. You may not use the DigiOptions Site in any manner that could damage, disable, overburden, or impair the DigiOptions Site or interfere with any other party's use and enjoyment of the DigiOptions Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DigiOptions Site. All content included on the DigiOptions Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the DigiOptions Site, is the property of DigiOptions or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the DigiOptions Site. DigiOptions content is not for resale. Your use of the DigiOptions Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of DigiOptions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Unless otherwise indicated, all DigiOptions Site content is the property of DigiOptions or third-party licensors.
International Users. DigiOptions may be accessed from countries around the world and may contain references to Services and content that are not available in your country. The DigiOptions Site is controlled and offered by DigiOptions from its facilities in the Federal Republic of Germany. DigiOptions makes no representations that the DigiOptions Site is appropriate or available for use in other locations. Those who access or use the Services or content from other countries do so at their own volition and are responsible for compliance with local law.
Indemnification. You agree to indemnify, defend and hold harmless DigiOptions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys' fees, relating to or arising out of your use of or inability to use the DigiOptions Site or Services, any postings or submissions made by you, your violation of any Terms of this agreement or your violation of any rights, including intellectual property rights, of a third party, or your violation of any applicable laws, rules or regulations. DigiOptions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DigiOptions in asserting any available defenses.
Disclaimer of Certain Liabilities. The information, software, products, and Services included in or available through the DigiOptions Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DigiOptions and/or its suppliers may make improvements and/or changes in the DigiOptions Site at any time. DigiOptions and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, Services and related graphics contained on the DigiOptions Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, Services and related graphics are provided "as is" without warranty or condition of any kind. DigiOptions and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, Services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall DigiOptions and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the DigiOptions Site, with the delay or inability to use the DigiOptions Site or related Services, the provision of or failure to provide Services, or for any information, software, products, Services and related graphics obtained through the DigiOptions site, or otherwise arising out of the use of the DigiOptions site, whether based on contract, tort, negligence, strict liability or otherwise, even if DigiOptions or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the DigiOptions Site, your sole and exclusive remedy is to discontinue using the DigiOptions Site.
Legal Framework of Agreement. This agreement is governed by the laws of the Federal Republic of Germany. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigiOptions as a result of this agreement or use of the DigiOptions Site. DigiOptions' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DigiOptions right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DigiOptions Site or information provided to or gathered by DigiOptions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DigiOptions with respect to the DigiOptions Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DigiOptions with respect to the DigiOptions Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Dispute Resolution. Please be aware that this dispute resolution section contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Any dispute or claim relating in any way to your use of the DigiOptions Site will be governed and interpreted by and under the laws of the Federal Republic of Germany without giving effect to any principles that provide for the application of the law of any other jurisdiction. The United Nations convention on contracts for the international sale of goods is expressly excluded from this agreement. Please read the following "Arbitration Agreement" carefully. It requires you to arbitrate disputes with DigiOptions and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the DigiOptions Site, to any products offered through the DigiOptions Site, or to any aspect of your relationship with DigiOptions, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or DigiOptions may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Arbitration Agreement.
- Arbitrator and Arbitration Process. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to DigiOptions. Depending on availability the arbitration provider will be selected from: WAGNER Arbitration, Partnerschaft von Rechtsanwälten mbB, Hegelplatz 1, 10117 Berlin, Germany (wagner-arbitration.com); CMS Hasche Sigle, Lennéstraße 7, 10785 Berlin, Germany (cms.law); White & Case LLP, Rahel Hirsch-Straße, 10, 10557 Berlin, Germany (whitecase.com). The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and DigiOptions. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitrations rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. You hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and DigiOptions are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Applicability or Arbitration Agreement section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or other Non-Individualized Relief. All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than the claim must be severed from the arbitration and brought into the state or federal courts located in the Federal Republic of Germany. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the place of business of DigiOptions within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your DigiOptions username (if any), the email address you used to set up your DigiOptions account (if any) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in the Waiver of Class or Other Non-Individualized Relief subsection, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with DigiOptions.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if DigiOptions makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing to the place of business of DigiOptions.
Role of DigiOptions. DigiOptions offers the DigiOptions Site. The DigiOptions Site displays, amongst other things, the contents of smart contracts that are part of the public and decentralized blockchain. DigiOptions may create new smart contracts within the blockchain. DigiOptions may offer smart contracts for its own account. DigiOptions acts as online affiliate marketer, linking to third party websites and being rewarded based on performance. DigiOptions does not have the ability to spend funds that are held in escrow on-contract, does not approve or reject trades or other transactions on the blockchain and does not have the ability to modify, cancel or undo orders on the blockchain. DigiOptions has no power to censor, restrict, or curate markets, orders, trades, positions or resolutions on the blockchain. DigiOptions has no more control over the blockchain than anyone else. DigiOptions may itself act as a user on the DigiOptions Site. DigiOptions develops and runs software interacting with the blockchain. DigiOptions neither is a bank, a financial institution, an exchange nor a multilateral trading facility. DigiOptions does not provide investment or financial advice or consulting services to users. DigiOptions does not offer any products or financial services. The information provided by DigiOptions is for informational purposes only. It should not be considered financial advice. You should consult with a professional to determine what may be best for your individual needs. DigiOptions does not make any guarantee or other promise as to any results that may be obtained from using our content. Your use of the information on the website or materials linked from the internet is at your own risk. To the maximum extent permitted by law, DigiOptions disclaims any and all liability in the event any information, analysis or opinion proves to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
Your Role as User. You act as a user on the DigiOptions Site and are recipient of the information provided there. As a user deciding to run the DigiOptions Site you are also the one who decides to leave the DigiOptions Site and to follow links to third party platforms. DigiOptions takes no responsibility for third party platforms it is linking to. Since DigiOptions provides, among others, links to online blockchain trading sites we would like you to note that if acting on a linked third party platform, e.g. trading or opening markets, it is your obligation to comply with local laws. Note that creating markets on these third party platforms might be subject to financial regulation and you might be required to obtain a license to do so. Third party platforms can offer a variety of functions like routing orders, processing trades and escrow funds that are operated and run on the blockchain itself through a set of smart contracts. Since the blockchain is decentralized, all transactions performed by the user on the blockchain are performed decentralized, too. Miners running blockchain nodes route, match, store and process orders, trades and markets.
Assignment. The Terms and your rights and obligations hereunder may not be assigned, subcontracted, delegated or otherwise transferred by you without DigiOptions' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Changes to Terms. DigiOptions reserves the right, in its sole discretion, to change the Terms under which DigiOptions Site is offered. The most current version of the Terms will supersede all previous versions. DigiOptions encourages you to periodically review the Terms to stay informed of our updates.